1. HomeBaile
  2. Statutory InstrumentsIonstraimí Reachtúla
  3. 1982
  4. S.I. No. 295/1982 - European Communities (Coffee Extracts and Chicory Extracts) Regulations, 1982.

S.I. No. 295/1982 - European Communities (Coffee Extracts and Chicory Extracts) Regulations, 1982.

S.I. No. 295 of 1982.

EUROPEAN COMMUNITIES (COFFEE EXTRACTS AND CHICORY EXTRACTS) REGULATIONS, 1982.

I, ALBERT REYNOLDS, Minister for Industry and Energy, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directive 77/436/EEC*1 and to the First Commission Directive 79/1066/EEC*2, hereby make the following Regulations:—

*1 OJ No. L 172 of 12.7.1977, p. 20.

*2 OJ No. L 327 of 24.12.1979, p. 17.

1. These Regulations may be cited as the European Communities (Coffee Extracts and Chicory Extracts) Regulations, 1982.

2. (1) In these Regulations—

"the Annex" means the Annex to the Council Directive;

"authorised officer" means a person appointed by the Minister to be an authorised officer for the purpose of these Regulations;

"the Commission Directive" means the First Commission Directive 79/1066/EEC*2;

*2 OJ No. L 327 of 24.12.1979, p. 17.

"the Council Directive" means Council Directive 77/436/EEC*1;

*1 OJ No. L 172 of 12.7.1977, p. 20.

"the Minister" means the Minister for Industry and Energy.

(2) A word or expression used in these Regulations and in the Commission Directive or in the Council Directive has the meaning in these Regulations that it has in the Commission Directive or in the Council Directive (as the case may be), unless the contrary intention appears.

3. These Regulations apply to the coffee extracts and chicory extracts referred to in the Annex, except where such products are intended for export outside the Community.

4. Products to which these Regulations apply shall not be offered for sale unless they comply with the definitions and rules laid down in the Council Directive and the Annex, and with Articles 3.1 and 6 of the Council Directive.

5. Blends of coffee extracts and chicory extracts to which these Regulations apply, and extracts of blends of roasted coffee and roasted chicory to which these Regulations apply, shall not be offered for sale unless—

( a ) the products comply mutatis mutandi with the definitions laid down in the Annex, and

( b ) where the products are in solid or paste form, they comply with Regulation 6 of these Regulations.

6. (1) Products in solid or in paste form referred to in the Annex, when put up in individual packages of a nominal weight of more than 25g but not exceeding 10 kg., shall be offered for retail sale in packages of the following nominal weights only: 50g., 100g., 200g., 250g., 500g., 750g., 1kg., 1.5kg., 2kg., 2.5kg., 3kg., and multiples of a kilogram.

(2) This Regulation shall not apply until the expiry of the transitional period during which the use of the imperial units of measurement listed in Chapter D of the Annex to Council Directive 71/354/EEC*3 is authorised in the Community.

*3 OJ No. L 243 of 29.10.1971, p. 29.

7. The description set out in the Annex shall apply only to the products referred to in the Annex and shall be used in trade to describe those products.

8. Anti-caking agents may be used in the products referred to in paragraph 1 (a) of the Annex where the products are used in vending machines and are specifically labelled for such use.

9. Anti-caking agents may be used in the products referred to in paragraph 2 (a) of the Annex.

10. (1) Trade in the products listed in the Annex is forbidden if the particulars provided for in Articles 6.1 (a) to 6.1 (c) of the Council Directive are not shown in the Irish or English language on the container or label.

(2) Where such products are packed in containers the contents of which weigh 5kg. or more and are not offered for retail sale, the particulars referred to in Articles 6.1 (c) and 6.1 (d) of the Council Directive need appear only on the accompanying documents.

11. The methods of analysis described in Annex II to the Commission Directive shall be used to verify and check the composition and manufacturing specifications of products to which these Regulations apply.

12. (1) A person who contravenes Regulation 4, 5, 6, 10 or 11 of these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500.

(2) An offence under these Regulations may be prosecuted by the Minister.

13. An authorised officer may at any reasonable time enter and inspect any premises in which he has reasonable ground for believing that a product to which these Regulations apply is being offered for sale and may take such samples of any such product which he finds in the course of his inspection.

14. An authorised officer shall be furnished with a warrant of his appointment as an authorised officer and when exercising any power conferred on him by these Regulations shall, if requested by any person concerned, produce the warrant to that person.

15. A person who obstructs or interferes with an authorised officer when he is exercising a power conferred on him by these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £250.

GIVEN under my Official Seal, this 10th day of September, 1982.

ALBERT REYNOLDS,

Minister for Industry andEnergy.

EXPLANATORY NOTE.

The purpose of these Regulations is to give legal effect to (i) Council Directive 77/436/EEC which prescribes standards for the composition and labelling of coffee extracts and chicory extracts and (ii) First Commission Directive 79/1066/EEC which lays down Community methods of analysis for testing coffee extracts and chicory extracts. From the date of signature of these Regulations the sale on EEC markets of coffee extracts and chicory extracts not conforming to the provisions of Council Directive 77/436/EEC is prohibited.

These Regulations should be read together with the Council and Commission Directives.